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Summary Conviction
A summary offence or petty offence is a violation in some common law jurisdictions that can be proceeded against summarily, without the right to a jury trial and/or indictment (required for an indictable offence). Canada In Canada, summary offences are referred to as summary conviction offences. As in other jurisdictions, summary conviction offences are considered less serious than indictable offences because they are punishable by shorter prison sentences and smaller fines. These offences appear both in the federal laws of Canada and in the legislation of Canada's provinces and territories. For summary conviction offences that fall under the jurisdiction of the federal government (including all criminal law), section 787 of the Criminal Code specifies that, unless another punishment is provided for by law, the maximum penalty for a summary conviction offence is a sentence of 2 years less a day of imprisonment, a fine of $5,000 or both. As a matter of practical effect, some co ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Melbourne Magistrates Court - William Street
Melbourne ( , ; Boonwurrung language, Boonwurrung/ or ) is the List of Australian capital cities, capital and List of cities in Australia by population, most populous city of the States and territories of Australia, Australian state of Victoria (state), Victoria, and the second most-populous city in Australia, after Sydney. The city's name generally refers to a metropolitan area also known as Greater Melbourne, comprising an urban agglomeration of Local Government Areas of Victoria#Municipalities of Greater Melbourne, 31 local government areas. The name is also used to specifically refer to the local government area named City of Melbourne, whose area is centred on the Melbourne central business district and some immediate surrounds. The metropolis occupies much of the northern and eastern coastlines of Port Phillip Bay and spreads into the Mornington Peninsula, part of West Gippsland, as well as the hinterlands towards the Yarra Valley, the Dandenong Ranges, and the Macedon R ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
New Zealand Law
The law of New Zealand uses the English common law system, inherited from being a part of the British Empire. There are several sources of law, the primary ones being acts enacted by the New Zealand Parliament and case law made by decisions of the courts of New Zealand. At a more fundamental level, the law of New Zealand is based on three related principles: parliamentary sovereignty; the rule of law; and the separation of powers. History Pre-European law Before colonisation by the British, Māori customary law ( tikanga) would have served as rule of law for most tribes. The first mention of New Zealand in British statutes is in the Murders Abroad Act 1817, which clarified that New Zealand was not a British colony (despite being claimed by Captain Cook) and "not within His Majesty's dominions". Treaty of Waitangi The Treaty of Waitangi was signed in 1840. Although the treaty had never been incorporated into New Zealand municipal law, its provisions were first incorpor ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Either Way Offence
A hybrid offence, dual offence, Crown option offence, dual procedure offence, offence triable either way, or wobbler is one of the special class offences in the common law jurisdictions where the case may be prosecuted either summarily or on indictment. In the United States, an alternative misdemeanor/felony offense (colloquially known as a wobbler) lists both county jail (misdemeanor sentence) and state prison (felony sentence) as possible punishment, for example, theft. Canada The power to choose under which class a hybrid offence will be tried rests with the crown counsel. Hybrid offences can either be summary offences (minor crimes) or indictable offences (major crimes). For most indictable offences, a person has the right to trial by jury. A hybrid offence is the most common type of charge in Canada. There are three types of charges and each will affect when one can apply for a Record Suspension. Under the Criminal Records Act, Section 2.1, the Parole Board of Canada ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Magistrates' Courts Act 1980
The Magistrates' Courts Act 1980 (c. 43) is an act of the Parliament of the United Kingdom. It is a consolidation act.The Public General Acts and General Synod Measures 1980. HMSO. London. . Part IV. Pages ''i'', ''j'' and i. It codifies the procedures applicable in the magistrates' courts of England and Wales and largely replaces the Magistrates' Courts Act 1952. Part I of the act sets out provisions in relation to the courts' criminal jurisdiction, and Part II in relation to civil proceedings. Section 1 of the act empowers a justice of the peace to issue a summons or arrest warrant alleging the commission of a crime against an identifiable person. Section 127 of the act establishes a six-month limitation period for summary (but not indictable) offences. See also * Magistrates' Courts Act *Magistrates' court *Magistrates' court (England and Wales) References *"Magistrates' Courts Act 1980". Current Law Statutes Annotated 1980Volume 1 Chapter 43. *"The Magistrates' Cour ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Criminal Justice Act 1988
The Criminal Justice Act 1988 (c. 33) is an Act of the Parliament of the United Kingdom. Title The title of this Act is: Unduly lenient sentences In England and Wales, the Act allows anybody to ask the Attorney General's Office for a sentence they consider unduly lenient to be reviewed; the Office can review sentences given by the Crown Court in England and Wales if requested to. The Attorney General can then, within 28 days of the sentence, decide to refer sentences for certain offences to the Court of Appeal if they consider that the sentence might be unduly lenient. The Court of Appeal will only find a sentence to be lenient, and increase it, if it falls outside the range of sentences which the trial judge could reasonably consider appropriate considering all the relevant information available at the time. This is sometimes called the 'unduly lenient sentence scheme'. This provision entered into force in 1989, and was first applied in July of that year. The controversi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Interpretation Act 1978
The Interpretation Act 1978 (c. 30) is an act of the Parliament of the United Kingdom. The act makes provision for the interpretation of acts of Parliament, Measures of the General Synod of the Church of England, Measures of the Church Assembly, subordinate legislation, "deeds and other instruments and documents", acts of the Scottish Parliament and instruments made thereunder (added 1998), and Measures and acts of the National Assembly for Wales and instruments made thereunder. The act makes provision in relation to: the construction of certain words and phrases, words of enactment, amendment or repeal of Acts in the Session they were passed, judicial notice, commencement, statutory powers and duties, the effect of repeals, and duplicated offences. The Interpretation Act (Northern Ireland) 1954 applies in the same way to Acts of the Parliament of Northern Ireland or Acts of the Northern Ireland Assembly. Section 7 Section 7 of the act, concerned with service of docu ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Magistrates' Court
A magistrates' court is a lower court where, in several Jurisdiction (area), jurisdictions, all criminal proceedings start. Also some civil matters may be dealt with here, such as family proceedings. Courts * Magistrates' court (England and Wales) * Magistrates' court (Hong Kong) * District Court (Ireland), the main court of summary jurisdiction in Ireland * Israeli judicial system#Magistrate courts, Magistrate's courts of Israel * Courts of Jersey#Lower courts, Magistrate's Court of Jersey *Magistrates' Court (Kenya) * District Court of New Zealand, District Court (New Zealand), replaced magistrate's courts in 1980 * Magistrate's court (Russia) * Magistrate's court (South Africa) * Magistrate's court (Sri Lanka) * Magistrate court (West Virginia) Australian courts * Magistrates Court of the Australian Capital Territory * Magistrates court (Northern Territory) * Magistrates Court of Queensland * Magistrates Court of South Australia * Magistrates Court of Tasmania * Magistrates' Cou ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
England And Wales
England and Wales () is one of the Law of the United Kingdom#Legal jurisdictions, three legal jurisdictions of the United Kingdom. It covers the constituent countries England and Wales and was formed by the Laws in Wales Acts 1535 and 1542. The substantive law of the jurisdiction is English law. The Welsh devolution, devolved Senedd (Welsh Parliament; ) – previously named the National Assembly for Wales – was created in 1999 under the Government of Wales Act 1998 and provides a degree of Self-governance, self-government in Wales. The powers of the legislature were expanded by the Government of Wales Act 2006, which allows it to pass Welsh law, its own laws, and the Act also formally separated the Welsh Government from the Senedd. There is currently no Devolved English parliament, equivalent body for England, which is directly governed by the parliament and government of the United Kingdom. History of jurisdiction During the Roman occupation of Britain, the area of presen ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Spray Paint
Spray paint (formally aerosol paint) is paint that comes in a sealed, pressurized can and is released in an aerosol spray when a valve button is depressed. The propellant is what the container of pressurized gas is called. When the pressure holding the gas is released through the valve, the aerosol paint releases as a fine spray. Aerosol painting is one form of spray painting; it leaves a smooth, even coat, unlike many traditional rolled and brushed paints. Aerosol primer can be applied directly to bare metal and many plastics. Most aerosol paints also have a metal, marble, glass or plastic ball called a ''pea'' inside of the can, which is used to mix the paint when the can is shaken. Aerosol propellants consist of flammable gas combinations that can lead to fire and explosions if they are sprayed, punctured, or exposed to flames. Aerosol paint needs different types of plastic-like polymers to make it work. The most commonly used are alkyds and acrylics. Polyvinyl acetate ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Jurisdiction
Jurisdiction (from Latin 'law' and 'speech' or 'declaration') is the legal term for the legal authority granted to a legal entity to enact justice. In federations like the United States, the concept of jurisdiction applies at multiple levels (e.g., local, state, and federal). Jurisdiction draws its substance from international law, conflict of laws, constitutional law, and the powers of the executive and legislative branches of government to allocate resources to best serve the needs of society. International dimension Generally, international laws and treaties provide agreements which nations agree to be bound to. Such agreements are not always established or maintained. Extraterritorial jurisdiction is exercised through three principles outlined in the UN charter. These are equality of states, territorial sovereignty and non-intervention. This raises questions of when can many states prescribe or enforce jurisdiction. The ''Lotus'' case establishes two key rules t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Arrest
An arrest is the act of apprehending and taking a person into custody (legal protection or control), usually because the person has been suspected of or observed committing a crime. After being taken into custody, the person can be questioned further or charged. An arrest is a procedure in a criminal justice system, sometimes it is also done after a court warrant for the arrest. Police and various other officers have powers of arrest. In some places, a citizen's arrest is permitted; for example in England and Wales, any person can arrest "anyone whom he has reasonable grounds for suspecting to be committing, have committed or be guilty of committing an indictable offence", although certain conditions must be met before taking such action. Similar powers exist in France, Italy, Germany, Austria and Switzerland if a person is caught in an act of crime and not willing or able to produce valid ID. As a safeguard against the abuse of power, many countries require that an ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Search And Seizure
Search and seizure is a procedure used in many Civil law (legal system), civil law and common law legal systems by which police or other authorities and their agents, who, suspecting that a crime has been committed, commence a search of a person's property and Confiscation, confiscate any relevant evidence found in connection to the crime. Some countries have certain provisions in their constitutions that provide the public with the right to be free from "unreasonable searches and seizures". This right is generally based on the premise that everyone is entitled to a reasonable right to privacy. Though specific interpretation may vary, this right can often require law enforcement to obtain a search warrant or consent of the owner before engaging in any form of search and seizure. In cases where evidence is seized in a search, that evidence might be rejected by court procedures, such as with a motion to suppress the evidence under the exclusionary rule. Italy In Italy protection ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
